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Category: Defense Wins

Defense Wins

Defense Wins – Kind Of – Fall On A Grape


I recently had another technical “loss” that was actually a complete win in not only my opinion, but more importantly, in the opinion of my clients. The facts of the case were actually very simple but the plaintiff did several things to greatly complicate the case.  The plaintiff claimed she…
Posted on April 1, 2018 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins – Kind Of – Trip & Fall On A Pallet


I like to win as much as the next lawyer but sometimes in litigation a “loss” can feel like a “win.” I recently closed a file that involved a 2011 trip and fall over a pallet left on the floor of an aisle – never an easy fact scenario to…
Posted on January 19, 2018 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins! – Summary Judgment Granted Based On De Minimus Rule


My second favorite defense in premises liability cases (after the natural accumulation doctrine - of course!) is the de minimus rule. As a quick reminder - The de minimis rule originated in cases involving municipalities. It was ruled that municipalities do not have a duty to keep all sidewalks in…
Posted on August 11, 2017 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins! Natural Accumulation Doctrine Strikes Again


It is no secret that I LOVE the natural accumulation doctrine in Illinois.  I don't mean to be a legal geek, but the law is well written, well applied, it makes logical sense and it actually helps the defendant - how can you not love it? One more reason to…
Posted on June 16, 2017 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins! – Summary Judgment Granted in Cook County


In April, 2017, a Cook County motion judge granted summary judgment in favor of one of my retail clients and it is a ruling worth sharing.  The retailer is a warehouse store and the plaintiff claimed he tripped and fell over the corner of a pallet that was under a large…
Posted on June 1, 2017 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins! Unknown Cause Of Fall = Summary Judgment


Recently, I secured a summary judgment win for my client in DuPage County and the argument asserted by the plaintiff's attorney was one of the most creative, yet legally offensive, arguments I have heard in some time. The plaintiff fell in the restaurant dining room and was severely injured. The plaintiff offered…
Posted on March 8, 2017 by Stacy D. Fulco by Stacy D. Fulco

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